Term of Use and Legal Information
Terms of Sales
General Conditions of Sale Online - WWW.SOOKSOOK.COM
These general conditions of sale are current as of April 1, 2018.
1. LEGAL INFORMATION
These General Terms and Conditions of Sale (hereinafter the "GTC") are proposed by the company SOOKSOOK (hereinafter the "Company"), a company incorporated under American law whose head office is located at 517 Arthur Godefroy Road Suite 500, Miami Beach, FL, US 33140. His non-premium telephone number is 01 70 70 02 23, his email address is firstname.lastname@example.org.
The company is the owner and publisher of the website http://www.sooksook.com (hereinafter the "Site"). The Site is hosted by Shopify, Shopify Inc., domiciled at 126 York St. Ottawa, ON K1N 5T5, Canada, at 1-888-746-7439.
The director of the publication of the Site is Thomas Despin.
2. DESCRIPTION OF THE SITE
The Site offers the opportunity to the customer (hereinafter the "Customer") to order online a wide variety of products including mainly fitness clothing for men and women (hereinafter the "Products").
The Products offered for sale on the Site are not delivered by the Company but by third party suppliers contractually bound to the Company with respect to the supply and delivery of the Products to Customers.
3. APPLICATION AND OPPOSABILITY OF TERMS
The purpose of these T & Cs is to define all the conditions under which the Company markets the Products as offered for sale on the Website to Customers. They therefore apply to all orders (hereinafter the "Order") Products passed on the Site by the Customer.
The Customer declares to have read and accepted these Terms and Conditions before placing his Order.
Validation of the Order is therefore acceptance of these Terms. These are regularly updated, the applicable GTC are those in force on the Site at the date of placing the Order.
4. ORDERING PRODUCTS ON THE SITE
The Customer selects the Products he wishes to purchase, and can access at any time the summary of his order before confirming it.
For any new order, the Customer must fill in his delivery information and delivery method. The Customer has the option to save his details so as not to have to re-enter them in case of a new order.
After having filled in his information and delivery method, the Customer may proceed to the payment of his basket by credit card. A clear and legible payment reference will appear on the order confirmation screen to ensure that the Customer explicitly acknowledges its obligation to pay for the order.
The Company sends an order confirmation by email to the Customer, taking the elements of the summary of his order. The sending of this confirmation email formalizes the contractual commitment between the Company and the Customer.
5. PRICE AND TERMS OF PAYMENT OF THE ORDER
The prices are mentioned on the Site in the product descriptions, in dollars and before tax and all taxes included.
The total amount is indicated in the summary of the Order, before the Customer accepts these Terms and Conditions, validates the Order, informs and confirms the delivery details and if applicable invoicing if they are different, and proceeds to payment.
The Order of the Products on the Site is payable in dollars. The full payment must be made on the day of the Order by credit card except special conditions expressly accepted by the Company.
In case of payment by credit card, the Site uses the security system of Stripe and PayPal, providers specializing in secure online payment. This system guarantees the Client the total confidentiality of his banking information. The credit card transaction between the Customer and the secure system is fully encrypted and protected.
The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment chosen when placing the Order.
The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, regardless of its nature and level of performance, in case of non-payment or partial payment of any sum that would be due by the Customer to the Company, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order.
6. AVAILABILITY AND DELIVERY
1. Availability of Products
The indications of availability of the Products are provided at the time of placing the order.
Errors or modifications may occur exceptionally, particularly in the event of a stock-outs by a supplier of the Company or because of too many orders on the same Product.
In the event of unavailability of the Product after the placing of an order, the Company will inform the Customer as soon as possible, proposing either to order another Product or to cancel the order and to be refunded within 30 days. days maximum.
2. Delivery of Products
The countries for which the Products can be delivered are indicated on the Site when placing the Order. Outside these delivery zones, the Company will be entitled to refuse the order or accept it after estimating the shipping costs associated with this delivery.
The Company mandates its suppliers to deliver the Products to the Customer in accordance with the deadlines indicated to the Customer when placing the order. In case of late delivery due to unforeseen circumstances, the Customer is invited to contact the Company to know the additional time required for delivery. In the absence of delivery at the expiration of the additional period communicated, the Customer may cancel the order, by sending a registered letter with acknowledgment of receipt or by writing on another durable medium. The Customer will then be reimbursed no later than fourteen days after receipt of the cancellation request by the Company.
However, the Customer must ensure that the delivery information provided to the Company is and remains correct, and that it remains so until the receipt of the ordered Product (s). The Customer undertakes to inform the Company of any change of contact details that may occur between the order by sending, without delay, an email to the email address customer service. Failing this, in case of delay and / or error, the Customer can not in any case hold the Company liable for default or late delivery.
The Company will also not be liable if the non-receipt or late delivery of the Products is due to an event of force majeure as defined by the applicable law and the competent courts.
7. CUSTOMER SERVICE
For any request for information, clarification or for any claim, the Customer must contact, as a priority, the customer service of The Company, to allow the latter to try to find a solution to the problem.
The Company's Customer Service is accessible using the following coordinates:
Mail: SOOKSOOK, 517 Arthur Godefroy Road Suite 500, Miami Beach, FL, US 33140
8. EQUAL AND COMMERCIAL GUARANTEES
1. Legal Guarantees
Under the legal guarantee of conformity of articles L.211-4 and following of the Consumer Code, the Company undertakes, at the Customer's choice, to reimburse or exchange the defective Products or not corresponding to its order provided that the Customer acts within two (2) years from the delivery of the Product or Products. The Customer is exempted from reporting the proof of the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good.
Under the legal warranty of latent defects of article 1641 of the Civil Code, the Customer has the choice between the resolution of the sale or the reduction of the selling price, in accordance with article 1644 of the Civil Code. If the repair and replacement of the property are impossible, the buyer can return the property and get the price back or keep the property and get a part of the price.
10. RIGHT OF RETURN
In accordance with articles L.121-18 and following of the Consumer Code, the Customer has a period of 14 days from the receipt of the last Product ordered on the Site to exercise his right of withdrawal, without having to justify reasons or to pay a penalty.
To exercise his right of withdrawal, the Customer must notify his decision of withdrawal by means of a declaration without ambiguity, without justifying reasons. The Customer may communicate its decision of retraction to the Company by any means, in particular by sending it by mail to the Company at the following address: SOOKSOOK, 517 Arthur Godefroy Road Suite 500, Miami Beach, FL, US 33140 or by email at email@example.com.
The Customer may also use the withdrawal form reproduced at the end of these T & Cs.
The Customer must return the Product (s) at his expense and in the same condition as that in which he received them, and with all packaging elements, as soon as possible and at the latest in the 14 days from the notification of the decision to withdraw from this contract, and to the address communicated by the Company to the Customer upon receipt of the withdrawal request.
The Customer is invited to indicate the reason for return / withdrawal, in order to help the Company to improve its service.
In the event of withdrawal of the Customer, the refund of the Product (s) which has (have) been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer agrees expressly in a different way. In any case, this refund will not incur any costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the receipt of the Products by the supplier or from the proof of shipment of the Products supplied by the Customer to the Company.
In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that a partial refund of the Customer may be applied due to a depreciation of the Product (s), returned (s) following the exercise of his right of withdrawal, resulting from manipulation by the Customer other than those necessary to establish the nature, characteristics and proper functioning of the Products.
The Company implements all the measures necessary to assure to the Customer the supply, under optimal conditions, of Quality Products. However, it can not in any way be held liable for any damage that may be attributable either to the Customer, or to the unpredictable and insurmountable event of a third party outside the contract, or to a case of force majeure.
The Site may contain links to other sites not edited or controlled by the Company, which can not be held responsible for the operation, content or any element present or obtained through these sites.
Before using the Site, the Customer must ensure that he has the technical and computer resources to use the Site and order the Site Products, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his equipment is in good condition and does not contain any viruses.
12. PERSONAL DATA
In connection with the supply of the Products, the Company collects personal data from the Clients and in particular the following data:
- E-mail adress
- First name
- Mailing address and delivery address
The Company collects and processes the personal data of the Clients for the following purposes:
Order management ;
Management of returns, exercise of the right of withdrawal, payment, invoicing ...;
Information on the Company, the services, and the activities of the Company;
Response to any questions / complaints from Clients;
Compilation of statistics;
Targeted promotion of products similar to services already consulted by the Customer or provided by the Company to the Customer;
The personal data of the Clients are processed by the Company's sales department as well as by the Company's partner and subcontractor companies. If necessary, they will be able to be transmitted to partner companies after being anonymised, making it impossible to identify the Client by a partner company.
The Company may also disclose personal data in order to cooperate with the administrative and judicial authorities.
The Company strives to secure the personal data of Customers appropriately and appropriately and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent them from being distorted, damaged or communicated to unauthorized persons.
In accordance with the Data Protection Act of 6 January 1978, the Clients have a right of access, rectification, deletion and a right of objection for legitimate reasons to the processing of their data collected and processed by the Company, by contacting the Company directly at the following email address: firstname.lastname@example.org..
This information is used to improve the use and functioning of the Site as well as the other services of the Company. An alert message asks each person visiting the Site, beforehand, if they wish to accept cookies. These cookies do not contain any confidential information about the Clients.
For Internet Explorer ™: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies;
For Safari ™: http://support.apple.com/kb/ht1677?viewlocale=en_US;
For Chrome ™: https://support.google.com/chrome/answer/95647?hl=en;
For Firefox ™: https://support.mozilla.org/en/kb/activate-deactivate-cookies;
For Opera ™: http://help.opera.com/Windows/10.20/en/cookies.html.
14. INTELLECTUAL PROPERTY PROPRI
All elements of this Site and the Site itself, is protected by copyright, the right of trademarks, designs and / or other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
The Company's name and brand, logos, designs, stylized letters, figurative marks, and all the signs represented on this Site are and will remain the exclusive property of the Company.
No title or right to any element or software will be obtained by downloading or copying elements of this Site. It is expressly forbidden for the Customer to reproduce (except for personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software contained therein, no more that modify or perform any work by taking them as a basis, nor sell or participate in any sale in connection with this Site, the elements of this Site or any related software.
The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and can not be transferred or transferred to any third party. The license is granted for the duration of use of the Site.
Any use by the Customer of corporate names, trademarks and separate signs belonging to the Company is strictly prohibited except in the case of express and prior agreement of the Company.
By ticking the box provided for this purpose during the order, the Customer agrees that the Company may send him, at a frequency and in a form determined by the Client, a newsletter that may contain information relating to its activity and the Products and promotions of the Site.
Subscribed members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.
16. APPLICABLE LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of the State of Florida. The Customer is however informed that this does not prevent him from benefiting from the protection provided by the mandatory provisions of his country of residence.
In the event of a dispute that may arise during the interpretation and / or execution of these Terms and Conditions or in relation to these Terms and Conditions, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative method of dispute settlement.
The Customer can visit the European Consumer Dispute Resolution Platform set up by the European Commission: https://webgate.ec.europa.eu/odr/.
In the event of failure of this mediation procedure or if the Client wishes to seize a jurisdiction, the courts of Florida will be competent. The Client is however informed that this does not prevent him from seizing one of the jurisdictions with territorial jurisdiction over the legal rules applicable to him.
To the attention of SOOKSOOK 517 Arthur Godefroy Road Suite 500, Miami Beach, FL, US 33140
I hereby notify you of my withdrawal from the contract for the sale of the Product _____________
Invoice number: [_________________________________]
Ordered on [____________] * / received on [________________] *
Method of payment used: __________________________
Name of the Client and, if applicable, the beneficiary of the order:
Delivery address : _________________________________________________________________________________
Signature of the Client (except in case of transmission by email)